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Dana L. Herrington

Dana Herrington’s Answers

243 total

  • Can I obtain an order of protection for my child if I do not have residential custody of them?

    Dana’s Answer

    Yes, you can apply for and be granted an Order of Protection on behalf of your child. The residential parent designation is not determinative of whether an Order of Protection is granted. I encourage you to pursue an Order of Protection if it is not safe for your daughter to be in the presence of her Mother’s boyfriend.

  • My husband is considering a seperation before divorce. My name is not on the title of the house or deed. Will I lose everything?

    Dana’s Answer

    New York State is not a title driven state. Therefore, you will not be precluded from receiving your share of the marital residence simply because the home is in your Husband's name. It will be necessary for you to consult with an experienced matrimonial attorney, however, to determine whether your Husband is entitled to any separate property credits, depending on the funds that were used to purchase the house, etc.

  • How do I transfer the house into my name only (have my husband's name taken off) prior to finalizing the divorce?

    Dana’s Answer

    • Selected as best answer

    You will need your Husband to execute a Quit Claim Deed and related real property transfer documents. These are very simple documents for an attorney to prepare. A transfer made as part of a matrimonial matter should be excluded from taxes.

  • What can I do about the court-appointed attorney? He can't keep badgering my kids like this until they say "yes, I want to go."

    Dana’s Answer

    You absolutely should be represented by counsel during these important proceedings. In the interim, you should know that the Attorney for your children not only can, but should, meet with your children several times during the course of the litigation. It is the only way for the Attorney to provide the Court with updated, accurate information.

  • Will a judge order a dependent spouse to pay for the other (moneyed) spouse's legal fees if the dependent spouse loses?

    Dana’s Answer

    There is a rebuttable presumption in the New York State statute which provides that the monied spouse may be required to contribute to the non-monied spouse's counsel fees and expenses. Whether the Court actually awards a party counsel fees depends on a variety of factors: income, ability to pay, the parties' conduct during the divorce action, the outcome of the case, etc. Unless the non-monied spouse was exceptionally obstructionist and reused to cooperate during the proceedings, which caused the divorce to be protracted, prolonged and unnecessarily expensive, it would be unlikely that the Court would award the monied spouse counsel fees and expenses.

  • Threatening verbal abuse and blackmail from my husband

    Dana’s Answer

    I would urge you to contact a local, experienced matrimonial attorney who can review the specific circumstances of your matter and address your options for obtaining a divorce.

  • What specific questions should I ask lawyers in order to find the right one to represent me in my divorce?

    Dana’s Answer

    You should inquire as to the Attorney's experience level, trial experience, general approach to handling divorces, billing practices, staff structure, etc. It may also be helpful for you to review the Attorney profiles here on avvo for reviews and client testimonials of various attorneys.

  • Recognize Foreign Divorce, how long to wait to remarry?

    Dana’s Answer

    Once you are officially divorced, meaning all steps have been taken to formalize and finalize the divorce, there should not be an obligatory wait period to allow you to re-marry.

  • Will this interfere with my divorce going through?

    Dana’s Answer

    The answer to your question depends on several factors. The short answer is yes, the Court proceedings can impact your divorce proceedings. I would urge you to consult with an experienced, matrimonial attorney who can best guide you under the specific circumstances of your case.

  • Will I have to pay alimony when I get divorced

    Dana’s Answer

    You may be responsible for paying spousal support for a short duration. This all depends on what your true income is; whether your Wife has the ability to work; the age of your children; whether income would/should be imputed to her, etc. You should know that spousal support is tax-deductible to you and taxable as income to your Wife, should you ultimately pay same to her. And, spousal support, if any, is calculated first, then child support. This means that your child support obligation, if any, would be reduced if you were to pay spousal support. There are many variables that go into determining the answer to your question. I would urge you to consult with an experienced, matrimonial attorney who can best advise you as to the specifics of your case. I wish you the best of luck in resolving your matter.